BOA files for Summary Judgment, how respon
I am being given a listing now over a year old another realtor has been trying to push through a short sale and finally had enough. I'm a new CDPE and SSSS. No closing's as yet. This is 5th listing.
The buyer, who is keeping up with the legal proceedings and sticking very close to the situation as the sellers are now in another state, sent a copy of the latest court filing on 1/31/13, COMBINED MOTION FOR SUMMARY JUDGMENT AND BRIEF IN SUPPORT THEREOF.
I'm planning on having the seller file a response requesting the judgement be delayed due to their due diligence being exercised to get the property sold as a short sale. I'm just not totally sure what the wording should be and don't want them to spend $1000 on a lawyer as yet. What ever the wording may be, I will likely have to type it up, send it to them to sign and go file it.
The Short Sale has also been closed due to the realtor not responding to a 48 hour deadline to accept it again. Do I need to just go into Equator and re-initiate it?
Appreciate you guys.
Replies to This Discussion
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Permalink Reply by Short Sale Superstars LLC on
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Vincent,
If the file was declined out of equator, you must go initiate it again. Just make sure you have all of the property initiation documents handy. If you have any questions feel free to reach out to me as my door is always open.
Warm regards,
310-564-6389
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Permalink Reply by Vincent Donaldson on
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Appreciate the advice. I have been given the contact of a lawyer who specializes in such things. I am forwarding them that contact with advice to contact him while I proceed in the normal path and re-initiate the short sale.
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Permalink Reply by Kevin - Greenville, SC on
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Couldn't agree more.
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Permalink Reply by Wayne Brooks on
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Harry is right, don't be drafting the motion yourself. Is this in Fl? Sounds like the next to step is for Plaintiff to schedule a date for the actual Judgment hearing. At that hearing present your sales contract, evidence of SS package being submitted, and any resposnes from B of A showing some progress. Do you have a purchase contract?
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Yes, as a matter of face the buyer has been waiting on this for near a year due to Bank delays and wrangling. The buyer is the one in that county that is sending us the updates from the court. Are you saying the realtor can make a presentation at a clients hearing?
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Some advise against it, but yes, I do With the the client, not in place of the client. The judge will ask you why you think this short sale will succeed. They will try to sniff out last minute stall tactics.
Best bet is to make as much progrees as possible prior to any hearing. If the hearing is not scheduled yet, you might finish first anyway.
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